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JAMES v. STATE

No. S-7350.

950 P.2d 1130 (1997)

Daryl JAMES, George James, Embert James, Loren James, and Lillian Charles, Petitioners, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

December 26, 1997.

Attorney(s) appearing for the Case

Susan M. Crocker, Assistant Public Defender, Ketchikan, John B. Salemi, Public Defender, Anchorage, for Petitioners.

Joanne Grace, Assistant Attorney General, Anchorage, Bruce M. Botelho, Attorney General, Juneau, for Respondent.

Before COMPTON, C.J., and MATTHEWS, EASTAUGH and FABE, JJ.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

The question presented is whether the State owns submerged lands within the exterior boundaries of the Tongass National Forest. Under the equal footing doctrine and the Submerged Lands Act, title to submerged lands is conveyed to a new state at statehood unless a prior withdrawal was clearly intended to include submerged lands, and unless the United States clearly intended to defeat the future...

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